Search results for: “Article”

Over the past several decades, discussions about the appropriate tools of commons management have played out in a particularly illuminating… Continue reading →

Concepts help economize on information. Conventional wisdom correctly associates conceptualism with formalism but misunderstands the role concepts play in law.… Continue reading →

A new brand of plaintiff has come to federal court. In cases involving the Affordable Care Act, the Defense of… Continue reading →

This Article analyzes the current divergence between due process doctrine and practice. It begins by tracing the shift from the… Continue reading →

In any given metropolitan region, scores of municipalities are locked in a zero-sum struggle for mobile sources of jobs and… Continue reading →

Deportation dominates immigration policy debates, yet it amounts to a fraction of the work the immigration enforcement system does. This… Continue reading →

The Supreme Court has set forth in detail the standards that govern convicted prisoners’ Eighth Amendment claims concerning their conditions… Continue reading →

Research on administrative constitutionalism has generally come out of law schools, from scholars specializing in public law. A limitation of… Continue reading →

Administrative constitutionalism can be defined broadly or narrowly. Defined most broadly, it refers to agencies’ role in constructing constitutional norms… Continue reading →